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IS win forces exceptional funding changes
In response to the High Court judgment in the IS challenge to the exceptional case funding scheme (R (IS) v Director of Legal Aid Casework [2015] EWHC 1965 (Admin), 15 July 2015), the Legal Aid Agency has issued new regulations and guidance on making applications in borderline and poor cases.
The new regulations on merits have redefined a ‘poor’ case as having more than 20 per cent, but less than 50 per cent, chance of success. ‘Very poor’ has been added, defined as having a less than 20 per cent chance of success.
The Ministry of Justice has announced it plans to appeal the decision.